People v. Yopp

Judgment affirmed. All concur, Dillon, P. J., not participating. Memorandum: The recent, unexplained, exclusive possession of the fruits of the crime entitled the jury to infer that defendant committed the larceny and burglary (see, People v Shurn, 69 AD2d 64, 68-69; see also, Knickerbocker v People, 43 NY 177; People v Donaldson, 107 AD2d 758; People v Measheaw, 108 AD2d 952). The requirement that defendant’s possession be exclusive was satisfied by possession which was joint with others with whom he acted in concert (see, People v Shurn, supra, at 69).

The court did not err in refusing to…